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Yorker v. Daniel Yorker, Ltd.

Appellate Division of the Supreme Court of New York, Second Department
Nov 15, 2004
12 A.D.3d 506 (N.Y. App. Div. 2004)

Opinion

2003-10455.

November 15, 2004.

In an action for rescission of a deed and to set aside a conveyance of real property, the plaintiff appeals from an order of the Supreme Court, Rockland County (Sherwood, J.), dated October 31, 2003, which denied his motion to vacate a stipulation of settlement in this action.

Before: Prudenti, P.J., Ritter, H. Miller and Spolzino, JJ., concur.


Ordered that the order is affirmed, with costs.

The attorney for the plaintiff had apparent authority to settle the case for $15,000 ( see e.g. Lynch v. Lynch, 122 AD2d 572). The settlement placed on the record was thus binding on the plaintiff, notwithstanding his alleged belief that the case had settled for $50,000, since the plaintiff's mistake was made in the absence of "ordinary care" ( McClain Realty v. Rivers, 144 AD2d 216, 218, citing 21 NY Jur 2d, Contracts § 121, at 529; see Almap Holdings v. Bank Leumi Trust Co. of N.Y., 196 AD2d 518; Ghostley v. Hetland, 295 Minn 376, 204 NW2d 821; Jones v. Jones, 689 So 2d 116 [Ala 1996]).


Summaries of

Yorker v. Daniel Yorker, Ltd.

Appellate Division of the Supreme Court of New York, Second Department
Nov 15, 2004
12 A.D.3d 506 (N.Y. App. Div. 2004)
Case details for

Yorker v. Daniel Yorker, Ltd.

Case Details

Full title:DANIEL YORKER, Appellant, v. DANIEL YORKER, LTD., et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 15, 2004

Citations

12 A.D.3d 506 (N.Y. App. Div. 2004)
783 N.Y.S.2d 857

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